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STATE v. LUSK

No. 54382.

452 S.W.2d 219 (1970)

STATE of Missouri, Respondent, v. David Michael LUSK, Appellant.

Supreme Court of Missouri, Division No. 2.

April 13, 1970.

Attorney(s) appearing for the Case

John C. Danforth, Atty. Gen., Charles A. Blackmar, Asst. Atty. Gen., Jefferson City, for respondent.

Henry G. Morris, St. Louis, for appellant.

STOCKARD, Commissioner.

David Michael Lusk (hereafter referred to as defendant) and Duane Swiggart were jointly charged by indictment with first degree murder in the death of George Hassen. Defendant requested and obtained a severance. He was found guilty by a jury of first degree murder, and the jury assessed the punishment at death. Thereafter, pursuant to Supreme Court Rule 27.04, V.A.M.R., the trial court reduced the punishment to life imprisonment, defendant...

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